


Death sentence

by Lionessinthedark



Series: Star Trek into darkness.....a bit different [3]
Category: Star Trek: Alternate Original Series (Movies)
Genre: Justice?, Khan is not a bad guy after all, Post Star Trek Into Darkness
Language: English
Status: Completed
Published: 2015-03-30
Updated: 2015-03-30
Packaged: 2018-03-20 09:23:42
Rating: Not Rated
Warnings: Graphic Depictions Of Violence
Chapters: 1
Words: 3,157
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/3645120
Author URL: https://archiveofourown.org/users/Lionessinthedark/pseuds/Lionessinthedark
Summary: <blockquote class="userstuff">
              <p>After the first trial and the thawing of the augmented people, Khan is waiting for the final trial.</p>
            </blockquote>





	Death sentence

A few days later Spock discovered Khan lying on the grass in the park near The Headquarters.

Just lying there – his face up against the sun. He’s not sitting up straight like he has a ramrod instead of a spine like he did before – no – he is relaxed. Resting on his arms – legs crossed. Dressed in civilian clothes…black.

Spock was thinking. He had just reheard the trial…Thinking that he might have misjudged Khan…. Spock walked to him…sat down beside him.

Khan looked up:“Oh hi…"Mr. Spock" or is it “Commander Spock”?

"Either…"

“Hmmm…humans have very strange way to give a man a death sentence – giving him a respite of 3 months. That is either merciful or very cruel!

Now I got it partly my way and you got it partly your way: my people are liberated and I’m going to die – and do you know what? I do not mind – it is worth it….It is really worth it! I suppose you would be there to witness my re-trial ….. May I ask you a question?"

"Yes"

"I heard that you said something to captain Kirk in the court room: “Even if it purrs and says: I’m just a kitten – don’t believe it. A tiger is a tiger is a tiger…..when it has fierce claws, huge teeth and orange and black stripes – I can tell it’s a tiger”. What do you know of tigers.....you don’t have them anymore on this planet – neither on Vulcan  - and I’m so sorry to hear about your people, I didn’t know…..and why did you compare me to one?”

Spock: “First: thinking of what happened to my people I should have been more considerate about your situation – my deepest apology and of course we should have told you that your people were safe!”

“Accepted”

“And….my mother used to tell me a story from Earth when I was a boy. I can’t remember the story or the writer, but there was this tiger…the name was the same…"

Kahn interrupted him with a laugh:”Oh yes of course…… “Shrere Khan” from the jungle book – Mowgli’s arch enemy……of course. Brilliant!

Spock vague eagerly: "Do you know the story?…I’ve looked for it for so long….I…."

Khan looked at him:" It means a lot to you eh? I’ll write it down on your Padd. Ryard Kipling: the Jungle book – go and look for it in the library…..it would probably be as a book of paper. It is very old…"

“Would you accompanying me?”

"Oh no – “forbidden area"!

”Why?"

Khan laughed again: "They’ll have to make a banner and hang it on the walls - there is a law that commander-who–knows-every-regulation-there-has-ever–been-in- the-Star fleet-Spock didn’t know of!…..There is a rule from the 21th century – and they haven’t canceled it yet: “No augments in the Star fleet” – I am even violating it a bit by sitting on the grass here…. That is a shame actually…..not for me obviously.....hm…but for my people…They would love to fly in space. We were never happier when we were out there in our “we-are-now awake-period” even if it only was in the solar system!"

He got up on his feet: "Care for a beer? I’ll buy…the salary I had as Harrison, has been given free – except that I have been demoted …..I wonder why?"

Spock: "It because... "

"I know...I was being sarcastic!"

Spock: "I seldom drink alcohol…"

Khan: "Then I’ll buy you a juice or something….are you coming?"

____________

They sat down at a café – Khan with a beer…Spock with a juice.

Khan looked directly at Spock: “May I ask you another question?”

"Yes"

"And you can be honest – there are only you and me here – And then of course my guards....."

"Your guards?"

"Yes – let me see"

Khan turned around and looked at the people surrounding them: “the lady with the pram....hm.... the two young people on the grass.....the two elderly men playing chess, the man with dog, the two elderly ladies sitting three tables away from us”

He smiled: "They must be worried, that I might flee. Back to my question: the judges blamed me that I didn’t surrender as the Vengeance crashed and you came for me......Try to remember.....at that moment......if I had turned around, knelt down, holding my hands behind my head and bowed my head and said: I surrender.....would you have killed me?"

"Of course not!"

"I’m asking you again....close your eyes.....remember....."

Spock thought there could be no harm in that, so he did....closed his eyes. He saw the Vengeance right beneath their ship. Remembered Sulu’s:” That was close!”....and remembered his rage!!

He opened his eyes....looked at Khan – in just a blink of a second you could see the rage in his eyes...and then his Vulcan upbringing took over and his eyes looked just the usual brown again.

Khan smiled: “You flipped...didn’t you? I could feel it – I ran for my life, like a hare!”

"No – I would only have stunned you!"

"Oh – come on – You say that Vulcans can’t lie – so don’t lie to yourself....I had a glimpse of the phaser – the nozzle was set on kill – 3 settings: opening a hatch, press your thumb against the sensor, turn the nozzle – that is not just something you happen to do!"

Spock closed his eyes again....remembered the movements!

He opened his eyes: "You’re right....I really wanted to kill you!"He did sound a bit astonished....

Khan looked at him. Khan's eyelids were nearly closed – but he looked more puzzled than angry:“Because of the Vengeance?”

Spock: "No because Kirk died!!"

Khan: "But I had barely anything to do with it – I didn’t destroy that core! And to be honest...you destroyed my ship first!"

Spock: "No but I...........Oh my....I have to go to the judges!"

"Why?"

"Because it alters everything! It would be against the rules if I didn’t..."

Khan: "Oh come on – it alters nothing! I still killed those people in London and I must pay for it!"

Spock:"But it wouldn’t be fair!"

Khan: "Life has never been fair to me before....why should it now?"

The two men sat in silence for a while

Spock: "Are you mad at me?"

Khan: "Would you care?….no….you are what you are……and you have learned to “break bones”…..rules aren’t everything, you know"

Spock: "I’m truly sorry for beating you up like that….I heard about your injuries in the courtroom and how very inconsiderate of us not to think about that when we froze you!"

"Oh, Mr. Spock – it wasn’t all your doing!"

"It wasn’t?"

"No – I sort of crashed with a starship – remember? So when I ran – when we fought – I was already wounded – or you could not have beaten me. It only took 5 shots to stun me – normally I wouldn’t get stunned at all until after maybe 25-30 shots if any. And the grab on my shoulder and neck…it did hurt like hell. What was that?"

Spock:"A Vulcan nerve pinch….you touch 5 points simultaneously and people faint….but you didn’t"

"I’m not people. What did you use to hit me in the head?"

"A rod from the transporter – I ripped it of the side"

"It sure hit hart…You made quite a good job there….And broke my jaw!

The two men sat in silence – then they turned and said simultaneously:

“I wonder if…”

“Have you?"

Spock: "you first…."

Khan: "I wonder if they’ll let me choose how I shall die"

Spock looked at him …his eyes open and his eyebrows lifted…the closest Khan had ever seen an expression on Spock’s face.

Spock: "You are almost Vulcan-like in your approach to death"

Khan laughed: "Was that praise? If it was, then thank you"

Spock: "Why would you choose? I can assure you that Human courts will not execute a death-penalty, which would be unnecessary painful"

Khan: "Oh…that is.......reassuring..."

Spock: "I sense a discrepancy between your words and your face expression and your voice…..You don’t seem to find it reassuring?"

Khan: "I’m not in the habit of trusting humans…"

Spock: "That is understandable…But in your case, it is merely an academic question, I would think"

Khan: (puzzled): "Which question is academic?!"

Spock: "Your death…I was going to ask you how you are progressing in your finding of people, who would talk in favour of you?"

Khan spluttered: "People?! In favour?! What are you talking about?!"

Spock: "The delay of 3 months is meant to be used on finding people, who would guarantee your behaving and thus dismiss the death penalty......The Judges told you..."

Khan: "I heard them...it’s just words...I killed people in London and I sort of crashed a spaceship right here, remember? – Look Mr. Spock...right over there. I destroyed 10 buildings – killed about 500 people....Who on Earth would talk in favour of me?! Imagine a pan of a balance – one side more than 550 dead people…on the other side: Marcus’ deeds against one man and his frozen crew and all the other stuff he and people in my past did to me…. I know which is the heaviest….. And I can assure you that it is not in my favour! I know, what I’m facing in less than 3 months… I just wonder how they’ll do it."

"Why? Are you afraid?"

"No – not afraid…curious maybe. If we have a soul….will it fly free in space?" Khan paused and continued: “It has been the best thing about being John Harrison…to be out there – the warp – to fly instead of crawling painfully slow – to crawl like a snail…"

He laughed…looked up in the sky: "Imagine…just out there – free – I have finally put down my burden…I’m free – don’t have to worry myself sick over my lost people. Oh…we’ll die out…we are too few. But they are not my responsibility anymore. For the first time in actually more than 300 years I.AM.FREE - and I intend to enjoy every moment of it: hear the birds, feel the grass and the wind…reading books….not always planning, calculating, worrying."

Spock: "I would speak in favour of you!"

Khan: "You would what?!!!!!"

Spock: "You heard me: Speak in favour of you.."

"Why on earth would you do that?!"

Spock: "I feel I owe you!"

"A Vulcan “feel”?! Oh I’m sorry....And that is extremely kind of you: so let’s count: one in favour of Khan Noonien Singh (my own people- can they count too?) and against: about 2000 relatives I’ll guess. Doesn’t really balance, or what do you say?!"

Spock: "I say...when you’ve finished mocking me, that there are a few others, that,  when they have heard the trial against you, will be able to find sympathy for you!"

"Oh...my.... Holy mackerel-and I thought that noting could surprise me anymore!"

Spock: "May I ask another question?"

Khan: "Feel free"

“How did you make that trans-warp-beaming-devise work? We have tried, but it doesn’t work anymore.”

Khan laughed: "But you only have one part!! If everything was that simple, we wouldn’t need star ships anymore, would we? There are two parts....a sender and a receiver. I had three places that I could choose: The Moon, Qo’noS and London. The remaining places where there still was energy enough left to do it successfully. It requires enormous amounts of energy....and my other receivers were running dry. You actually have to have been in a place in person, to install the receiver....make sure that it has enough energy. I took a huge risk....but I had to flee. You can find a receiver in a small flat in London....if it is still functioning.....and there is one on the Moon. Under the surface...in the Russian/ Chinese abandoned base...The other receivers are here on Earth.....I can give you the coordinates"

__________________

Khan thought it was only words from Spock’s side. But it was true. When the day came, Khan showed up in court...he wasn’t quite sure it was the right day, he told the clerks and they asked him if the transmitter didn’t work and he laughed and said that it stopped working the first day. He produced a small box, turned it around on the counter and small, half eaten components fell out. He poked to them with his finger and said in his usual rather slow and precise articulation: "My nano-robots didn’t like it! It took some time to dig it all out...."

______________________

In the court room: Khan looked around and he saw Spock, Kirk and a few others from the USS Enterprise. Beside them there were filled with people, he couldn’t recognize.

He thought: “So much for Spock’s good intentions.....they must be relatives to the dead and wounded people.....I won’t beg....”

“All rise”....The 3 judges arrived:

“We are here today to decide if the death sentence against Mr. Khan Noonien Singh should be fulfilled. Mr. Khan – your words – people in favour of you?"

Khan: "I haven’t used my time to find people and beg for my life. If the court finds it justified, that I shall lose my life because of my doings, I’ll accept it – if you find it adequate that only one life can pay for more than 550. Again I have explained why I did as I did, but it is an explanation...not an excuse. I’ll accept your verdict"

"Have you more to say"

"No"

The head judge:“People against?”

Khan straightened his back, closed his eyes half, thinking: "Now, they’re coming at me"

Not a sound..... He opened his eyes, looked around in the deepest astonishment.

The Head judge: “People in favour?”

Everyone raised their hands

Khan: “But I do not understand......Why?”

Head judge: “There is only one technicality left...you said that you wouldn’t beg, but will you surrender?”

Spock came against him...descending the stairs.... holding a phaser.

“Is that how they are going to do it?”..ran through his mind. He knelt, his hands behind his head, he bowed his head, thinking: “I hope that the “kill”-setting is strong enough to kill me right away...Dammed - I shouldn’t have trusted anyone....They really got me this time, but at least - I think – that my people are safe”

”I surrender..”...... waiting any moment to feel the pain....

“Accepted”

He looked up.... Spock smiled - a very tiny smile, but a smile: "You didn’t think for a second, that I would shoot you...did you!?"

And gave him his hand. Khan took his hand and rose....”Yes actually – I thought for a moment......"

Spock: "We’ll have to work on your trust issues"

Head judge: “There is more Mr Khan...Commander Spock told us about an old but not yet canceled law, that forbid Augments in the Star fleet. Now Supreme Admiral Richard Barnett - the leader of the United Star-Fleet Federation has something to announce"

Richard Barnett: "It would be very unwise, not to use your skills or your people's skills in space. We are a bit short on staff, because of the Romulans and on leading officers (!) That law is canceled from today – if you want to be a part of Captain Kirks crew on his 5 year voyage in about 6 months, you are welcome. But as a cadet. Your credentials and your education disappeared in the London Blast– and we can’t be sure, which of your credentials Alexander Marcus had deluded with. Those exams that had been registered at the Star fleet Central administration are still valid, but it leaves a lot of holes in your education. So no longer a commander but the lowest rank: cadet - Is that clear? You will of course be given the possibility to finish your education while on your journey"

Khan: "Sirs....you have just given me my life back and further more you tell me, that I can travel in space again.....I’ll clean all the toilets on USS Enterprise all 5 years if necessary!"

(Kirk to Spock: "Maybe we should try it to see what he says to that...." )

“There is more” said Supreme Admiral Richard Barnett, “something that should have been revealed during your first trial. I’ve been allowed to ask you, even if I don’t have any authority in this courtroom: Weren’t you aware of the self-destruction mechanism on board the Vengeance?"

Khan: “I constructed the ship, so why shouldn’t I be aware of it?”

“Then why didn’t you activate it?”

“Activate it?!”

“Yes”

“But it would have destroyed the whole city and made it inhabitable for many years! Killing millions of people!”

“And you didn’t want that to happen?”

“No...I only wanted revenge on the Star fleet...no matter how insane I was of shock and grief; I would never have made the whole city pay for the crimes of the Star fleet. I’ve told you that I was insane in that moment and I have been ready to pay for my killing of innocent people, as the Vengeance crashed. There is no way that I would have taken the whole city with me in my suicide!"

“You tried to kill yourself?”

“I didn’t think one second that I - being in the ship - could survive the crash”

“But you had means to leave the ship before the crash?”

“Yes and no.....The autopilot was down.....if I had left, the ship might have plunged anywhere, maybe in the bay and would have caused a flood in the harbour-areas or have activated the self destruction-mechanism....or just fall in a more populated area....I tried to steer it against the Star fleet Headquarters, but it failed...... And I didn’t want to live anymore, just wanted to die while having my revenge against the Star fleet. Why do you ask me now? I thought you knew?”

“So much for being a villain, a ruthless despot trying to kill so many humans as possible.....Khan Noonien Singh actually spared millions of lives....risking his own....I just wanted that truth to come forth" said the Supreme Admiral

Khan smiled: “There goes my reputation...”

Barnett continued: "There is to be an investigation and later a trial....There is no way that Admiral Marcus could have done this on his own.That he wanted to militarize The Star fleet wasn’t such a bad idea after all...we might have been too naive.....to comfortable in the peace on Earth and our colonies...an easy target for Romulans and Klingons. But the way Admiral Marcus made Khan Noonien Singh work for him was totally unacceptable. I’m glad that there has been a fair trial...and that Mr. Khan can continue working for the Star fleet..... Of his own free will"


End file.
